Can a court consider extrinsic evidence when asked to modify a trust under the judicial modification statutes even if the trust instrument is unambiguous? YES!
Historically, common law rules of construction provided that the intent of a settlor of a trust
Florida Statute § 736.0406 Effect of fraud, duress, mistake, or undue influence.— If the creation, amendment, or restatement of a trust is procured by fraud, duress, mistake, or undue influence, the trust or any part so procured is void. The remainder of
People create trusts for a variety of reasons. Some create them for creditor protection. Others create them because they are concerned about providing the beneficiaries with large sums of money all at once. Although these reasons may be valid and